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Patna High Court

MANGARU SHARMAversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

Bail was denied.

Summary

Mangaru Sharma was charged under IPC sections 307 and 34 and Arms Act sections 25(a) and 27 for an alleged assault that resulted in the death of a child. He applied for bail before the Patna High Court while the trial was nearing its conclusion, having examined all ten charge‑sheeted witnesses and recorded his statement. The informant opposed bail, emphasizing the seriousness of the offence and the child’s death. The Court, noting that the trial was at the verge of conclusion, declined to grant bail. It directed the trial court to expedite the remaining proceedings.

Issues considered

  • Whether bail should be granted in a case of attempt to murder and unlawful possession of arms where a child was killed and the trial is near completion

Legislation cited

Subjects

  • bail
  • attempt to murder
  • Arms Act
  • child victim
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45247 of 2024
                          Arising Out of PS. Case No.-70 Year-2024 Thana- SIMRI District- Buxar
                 ======================================================
                 MANGARU SHARMA SON OF SHIV SHANKAR SHARMA RESIDENT
                 OF VILLAGE - NIYAJIPUR, POLICE STATION - SIMARI IN THE
                 DISTRICT OF BUXAR

                                                                                     ... ... Petitioner/s
                                                         Versus
                 THE STATE OF BIHAR BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar, Adv.
                 For the Opposite Party/s :        Mr. Parmanand Kumar, APP
                 For the informant        :        Mr. Vishwanath Upadhyay, Adv.
                                                   Mr. Santosh Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

7   05-02-2026                  Heard learned counsel for the petitioner, the informant

                   and learned counsel appearing for the State.

                                2. The petitioner seeks bail in Simri P.S. Case No. 70

                   of 2024 registered for the offence punishable under Section-

                   307/34 of the Indian Penal Code and Section-25(a)/27 of the

                   Arms Act.

                                3. In compliance of the order dated 04-09-2025, the

                   report of the trial court has been received and from perusal of

                   the same, it transpires that all the ten chargesheeted witnesses

                   have been examined and the statement of the accused was

                   recorded on 13-11-2025. The case is fixed for argument and

                   next date of hearing was on 04-02-2026.
            Patna High Court CR. MISC. No.45247 of 2024(7) dt.05-02-2026
                                                        2/2




                                   4. Learned counsel for the informant has opposed the

                      prayer for bail by submitting that the petitioner is the assailant

                      and in the occurrence, a child was killed.

                                   5.Considering the fact that the trial of the case is at the

                      verge of conclusion, I am not inclined to grant bail to the

                      petitioner and accordingly, the same is rejected.

                                   6. However, the learned trial court is directed to

                      conclude the trial as early as possible.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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